Types of dispute
- Individual dispute — between one employee and the employer.
- Collective dispute — between the collective of employees and the employer.
The stages
- Inside the organisation. Give a written application. Many disputes end here, and the correspondence becomes evidence for the next stage. If the organisation has a labour disputes commission, you may go to it within six months from the day you learned of the breach of your right. This stage is not obligatory: under article 545 of the Labour Code, the employee chooses the commission or the court directly.
- The Labour Inspectorate. When the breach is clear, the inspectorate requires the employer to remove it.
- The court. You file a statement of claim. For claims to recover wages and other claims that arise from employment relations, the plaintiff pays no state duty (article 8 of the Law on State Duty).
What the statement of claim needs
- Copies of the employment contract and the orders.
- The data on your wages.
- Copies of the correspondence and the applications.
- The exact sum of your demand and its calculation.
Important
Under article 560 of the Labour Code, the time limit to go to court over reinstatement is three months from the day you received the copy of the order that terminated the employment contract. For most other disputes the limit is six months from the day you learned, or should have learned, of the breach of your right. So do not delay.